On January 26, 2021, the WSLCB filed Interpretive Statement #IS21-0 with the Washington State Code Reviser. The statement attempts to clarify the way that cannabidiol (CBD) products may be sold in licensed retail locations, under current rule WAC 314-55-109. The Interpretive Statement intends to address whether CBD products can be sold in licensed I-502 stores, even if the CBD product comes from outside the regulated system, including outside the state of Washington. It is worth noting, at this stage, the statement does not have the force of law, but is intended to be an interpretation of law and regulation as it exists at the time the statement is issued. As such, the interpretive statements are advisory only.
After reviewing legislative intent, the WSLCB took the position that, “CBD may only enter the I-502 system as an additive for the purposes of enhancing cannabidiol concentration in marijuana concentrates, useable marijuana, and marijuana-infused products consistent with RCW 69.50.326 and WAC 314-55-109, or if the product meets the definition of a CHABA product.” Additionally, “Stand-alone CBD products, regardless of concentration or origin, are not expressly authorized for sale in licensed I-502 stores, unless they meet the definition of a CHABA product consistent with RCW 69.50.575.”
As a result, “RCW 69.50.357 governs allowable sales in licensed cannabis retail stores, and any products not covered in this statute, other than CHABA products, are prohibited from, and may not be sold from, LCB licensed locations.” If you do not agree with WSLCB’s decision or interpretive statement, you may contact the Joint Administrative Rules Review Committee (JAARC) directly and ask for review at (360) 786-7167 or JAARC, PO Box 40466, Olympia, WA 98504-0600. Or you can email InterpretiveStatement@lcb.wa.gov . Additional information, including the entire statement, can be found on the WSLCB “Interpretive Statements” webpage: https://lcb.wa.gov/laws/interpretive-statements
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